Constitution

/Constitution
Constitution 2019-03-10T18:46:51+00:00

Article I- Name of the Party:

The name of the Party shall be Hamro Sikkim Party, henceforth mentioned as the Party, for purposes of brevity. It shall be a body having perpetual succession and a common seal and shall be a political organization with the aims and objectives as enumerated under Article 5.

Article II-Aims and Objectives of the Party:

The main aims and objectives of the Party shall be follows:-

  • The Party shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of Socialism and Secularism, as delineated in the preamble to the Constitution of India. To uphold the sovereignty, unity and integrity of India, and to bolster the values of democracy shall be the Party’s prime concern.
  • The members of the Party shall uphold the points laid down in Article 371F of the Constitution of India. It shall strive towards true popular representation in the state of Sikkim, as alluded to in Article 371F (f)
  • It shall strive to organise and unite all sections of the people of Sikkim, irrespective of caste, creed, ethnicity, religion and sex; and shall work with utmost dedication for social and economic development of the people of Sikkim. Preservation of cultural heritage – tangible and intangible – shall also be an important goal. We shall strive for all round development and growth of our fellow citizens without any prejudice or bias.
  • As stated in V (a), democratic values are at the core of the Party’s ideology. It shall adopt authentic, universally acceptable systems in a scientific and transparent manner for fostering a democratic culture. It shall adopt appropriate mechanisms toward systematic and sustainable development of Mahatma Gandhi’s dream of decentralisation of power.

Improving people’s direct participation in the decision-making process is one of the Party’s prime agendas.

  • The Party shall always fight against anti-social and anti-people elements, and shall strive toward improving polity, by promoting politics of peace and progress.
  • It shall fight against all forms of exploitation and oppression; and fight against malicious propaganda against weaker sections of society.
  • It shall endeavour towards communal harmony and promote values of secularism and peaceful co-existence.
  • It shall strive for all-round development of the people of Sikkim by giving priority to the development of socially, economically and educationally backward sections of the society.
  • It shall believe in equality of opportunity to all and shall fight against all forms of discrimination on grounds of caste, class, creed and religion. It shall foster unity, friendship and harmony amongst all sections of the people. It will organize the people of Sikkim for the restoration, preservation and extension of democratic norms, values, rights and civil liberties.
  • It shall give priority to the development of youth, women, children, and differently abled sections of the society. It shall work for protection of senior citizens, abandoned children, and widows.
  • It shall preserve, protect and honor the age-old traditions, customs, and the culture and heritage of the people of Sikkim.
  • It shall strive to develop a new current in the social thinking; as also work towards a movement against the fast degrading ethical fabric of social structures, which is the by-product of the decaying and reactionary socio-economic-political system of our Country. The Party will endeavour to appeal to the youth by setting higher standards of ethics, morality and culture. A culture of ethics is capable of breaking the ossified and corrupt system, and of creating a new social order that is just and equitable.
  • It shall fight to uphold the political, social and economic right and privileges of the people of Sikkim as provided under the Constitution of India.
  • It shall work to make the people of Sikkim economically self-reliant and self-sufficient.
  • The Party will not, in any manner, promote or instigate or participate in violence.
  • The Party shall contest an election conducted by the Election Commission of India within five years of its registration and thereafter would continue to contest subsequent elections.

Article III-Membership of the Party

  1. Any Indian citizen who has attained the age of 18 years and agrees to the aims and objectives of the Party are eligible to be the members of the Party.
  2. Individuals, who are not enlisted member of any other political party and believe in the principles and policies of the Party, are welcome to be members. Such individuals shall also have to undertake that they will be volunteers for social work and social change.

Article III (a)-Types of Membership:

 There will three types of membership viz. a) Primary membership b) Regular membership and c) Advisory/Honorary membership.

  • Primary membership-A member who has to apply for membership by filing a membership form, and who having paid his/her membership fees, is under consideration of the Central Executive Committee for regularisation of his membership.
  • Regular Membership-A primary member can be a Regular member of the Party as and when the Central Executive Committee endows the primary member with the status of Regular member of the Party, and issues him/her the Party membership card. Generally, a primary member would work for three month the Party, and his membership will thereafter be reviewed for regular membership. A person seeking Regular Membership of the Party shall apply to the office of the concerned Ward Level Committee. Each application should be supported by at least two existing Regular Members. The application will be considered by the Ward Level Committee in its succeeding meeting, whereupon it shall make its recommendation to the District Level Committee. The District Executive shall take the final decision on each application in its meeting held after the receipt of the application.
  • Advisory/Honorary Membership-A person of special social repute, who due to age or engagements, cannot take part in the day today activities of the Party, but are well-wishers of the Party, can be engaged in advisory roles. By giving a donation, and signing a declaration, s/he can be inducted as an advisor of the Party at a particular level. If approved by the Central Executive Committee, they may attend the Party conference, or some important policy making meeting as observers. However, such members shall have no voting rights.

Article III (b)-Membership Fees:

Those who qualify for the Primary or Regular membership of the Party shall have to pay a membership fee of Rs.10 (Rupees Ten) and Rs.100 (Rupees Hundred) respectively per annum, and shall have to renew their membership every succeeding year.

Article III (c)- Expulsion Procedure:

A member could be expelled upon receipt of complaint against him/her, irrespective of the member’s designation /denomination within the Party structure, pertaining to his/her of involvement in anti- Party activities, or violation of norms of the Party, or involvement in unethical activities. The Central Executive Committee would constitute an inquiry committee to look into the complaint; and if the said member is found guilty of the charges, s/he shall finally be terminated from their membership.

Article III(d)- Other matters regarding membership: 

(i) The Party shall maintain a register of its members in the manner as may be prescribed by the Central Executive Committee.

(ii) The list of Active Members shall be frozen one month before the call for applications of candidates for any Party election. Pending applications, if any, for Regular Membership, shall be decided, before freezing the list.

(iii) The Central Council and District Level Committee shall have the power to directly admit new members or confer the status of a Regular Member on any person.

(iv)  Any person, who has been co-opted to a District Level Committee shall be deemed to have become a Regular Member of the Party on submission of application form along-with the requisite membership fee as prescribed.

(v) If a District Level Committee, or the Central Council decides to grant membership of the Party to a person who was a leader in another registered political Party in the last ten years or is still a leader, such decision shall become operational only after approval by the Central Executive Committee. A leader here would mean either a State or National Level office bearer of another Party, or someone who has contested parliamentary or Assembly or District Level elections on the symbol of another Party.

Article IV-Organizational Structure

The organizational structure of Hamro Sikkim shall be set up at every level of the current structures of governance. The highest of these bodies, the District Level Committee’s functions have been mentioned here separately. The other three — the Ward Level, Block Level, and Constituency Level committees shall function with the following rules:

  1. Tenure of office bearers and members elected to Sikkim Legislative Assembly:

All office bearers in the organisation right from Ward Level District Level – Presidents at all levels; Vice Presidents, General Secretaries, Treasurers at all levels; as also any other posts – shall be held for a period of three years after being elected to any post by due process. Any candidate can hold a position (or two different positions) only for two consecutive terms, whereafter she/he will have to serve within the Party as a regular member for three years at least, to be eligible for a post again.

For the Central Executive Committee, all post bearers, including the President – can hold a post only for two successive terms. After that they shall have to take one year break and serve within the Party organisation, before they could fight an election for the CEC again.

If a member of the  Party gets elected to Sikkim Legislative Assembly, she/he shall be allowed to contest only for one more term –after which she/he will have to serve within the  Party, as a member or an office bearer, for at least one term of the legislative assembly; after which she/he could be considered to be a  Party nominee for state assembly elections again. However, such a candidate could get nominated to Rajya Sabha if the Party so wishes. After their tenure in Rajya Sabha, they could return to contest state assembly elections. Also if in the second attempt at winning an MLA election, a candidate loses, she/he shall be eligible to fight the subsequent election on the Party ticket.

  1. b) Constitution of the committee:

The strength of the committee shall be decided by the Party from time to time depending upon the population of the particular level. The committee shall consist of a President, Vice-Presidents, a General Secretary, Secretaries, a Treasurer and the Executive Members.

Function: A committee at a particular level shall facilitate and carry out regular Party activities at their level as assigned by the immediate higher body of the Party from time to time and shall proactively implement the decision and policies of the Party.

  1. District Level Committee:

In a district, a conference of the delegates shall elect a District Committee with a President, Vice-President, a General Secretary, Secretaries, a Treasurer, and 15 members in the Executive committee and a District council body. The President, and in his /her absence any of the vice Presidents, authorized by him will convene and preside over the meeting at least once a month. A District Conference shall be held once in a three years. The conference will be conducted by an authorized member of the Central Executive Committee.

Function: To facilitate and carry out regular Party activity at the District level as assigned by the immediate higher body of the Party from time to time, and to implement the decisions and policies of the Party; to form constituency level committee; and to look after the day today Party affairs including fund management for the district level activity.

(d) Powers and Functions of the Ward, Block and Constituency Level Committees

These bodies will be responsible for the day to day functioning of the organisation. They shall:

  1. Deliberate and decide on any issue or action program to further the objective of the Party including electoral participation, struggles, opinion making and/or other constructive actions;
  2. Recommend applications for Regular Members;
  • Work towards more representation of women at the grassroots level
  1. Form such teams as required and assign them such work as deemed fit.
  2. Reconstitute any team or committee

(e) Institutional Committees:

Apart from the above mentioned committees, the Party shall also try to foster its programs and ideology at institutions. An Institutional committee shall be elected from among the primary members of the institution with the Chief Convener and conveners.

Function: To facilitate and carrying out regular Party activities at respective Institutional level and to fight for the democratic rights of the members of the respective institutions.

  1. f) Central Executive Council:

The Central Council will be the highest body having representatives from amongst members of the Party.

  • Composition of the Central Executive Council: The Central Council shall consist of 15 members elected by the Central Conference of the Party. Strength of the central council shall be decided by the Party from time to time depending upon the number of Regular members.

(ii) Powers of Central Executive Council: The Central council shall have power to

  1. a) Take decision on all the important issues and policy matters.
  2. Approve the decision of the executive.
  3. Organize a Central Conference at an interval of every three years.
  4. g) Central Conference: Central Conference would be the broadest assembly of the general members of the Party.
  • Composition of the Central conference: Central conference shall consist of the members’ representatives from all the grass roots level committees of the Party.
  • Powers of central Conference: The Central conference shall have the power to:
  1. Formulate policy and programme of the Party and decide on other important and state level socio-political issues and pass resolutions accordingly.
  2. Amend and revise the rules and regulation of the Party.
  3. Amend the constitution of the Party.
  4. Take decisions regarding the formation of different level sub –committees.
  5. h) Advisory Board: There will be Advisory Boards at different levels of committees as required, and as per the decision of the Central Executive Committee. The board, at different levels, shall advise the respective committee regarding its organizational, technical and in professional issues.

For all the committees mentioned above, pending a conference, or when all the conditions cannot be fulfilled, but formation of a committee is necessary, the immediate higher body of any particular domain shall have the power to constitute a provisional organizing committee on ad-hoc basis (for a period not more than six month the Party) with the prior approval of the Party Central Executive Committee.

Article IV-(a) Election:

All the bodies/committees/organs of the Hamro Sikkim shall hold a periodic conference of members at different levels at an interval of three years. All the executive members of different levels will be elected for respective posts for a period three years in a transparent and fair manner. Elections will be conducted through democratic processes, wherein five members of Election committee will be formed, comprising of one chairman and four presiding officers. The members of election committee shall not hold any executive post to ensure fair procedure. The mode of election will be through secret ballot paper voting. The five members body will be a temporary body and dissolved automatically after the oath of the new executive members. The new executive body will function for a period of three years which will be dissolved automatically after completion of the tenure. No office would be hereditary, or held permanently. The same procedure will be followed to select all the different committee members.

Article IV-(b) Power to Impose Levies:

The Central Executive Committee shall have the power to impose levies on different District Committees for its regular functioning; or on specific and special occasions. The District Committees also will have the power to impose levies on Committees of lower level under it. Similarly Block Level Committees also will have the power to impose levies on Ward Level Committees. The Ward/Block/Constituency Committees shall collect funds’ and after each programme, they should submit the statement of accounts and deposit the balance of the fund to the district committee.

Article IV- (c) Legal Cell:

There shall be one Joint Secretary and two Secretaries of the Legal Cell, who shall be appointed by the Secretariats of Central Executive Committee to look after legal matters pertaining to the Organization.

Article IV(d) Provisional Constituency/ District committee:

The Central Executive Committee shall form provisional organising committees in constituencies or districts which are organizationally weak and unexplored, for the purposes of developing the Party there. If necessary the Central Executive Committee shall form provisional Constituency, District, and Institutional Organising Committees in such regions. However, within a period of six month the Party, the respective level provisional committee should hold a conference and form an elected committee.

Article V -Central Executive Committee/Office Bearers of the Party:

  1. The Central Conference shall elect a Central Executive Committee with a President, a Working President, Vice-Presidents, a General Secretary, Secretaries, a Treasurer, and three Executive Committee Members. The Conference will elect 15 Central Council Members. The conference will be conducted by an ad-hoc Central Executive Committee for the first time, and by the authorized member of existing Central Executive Committee in a subsequent conference. The secretary; and in his / her absence, the president, shall convene the Central Executive Committee meeting every month with prior notice. Central Council meeting should be convened once in 3 month the Party. The Central Conferences shall be held at an interval of 3 years.
  2. The President, Working President, Vice-Presidents, General Secretary, Secretaries and the Treasurer of Central Executive Committee shall constitute the Secretariat body. The Central Council will be the broad policy making body of Hamro Sikkim Party. The Central Executive Committee will be the main executive body for implementation of broad policy decisions adopted by the Central Council. The President, Working President, Vice President(s) General Secretary, Treasurers of all the District level Committees and President of the constituency level committee, members Central Executive Committee and Convener of institutional Committee shall be the ex-officio members of Central Executive Committee. The function of Secretariat will be day to day appraisal and review of the organizational activities. It will share the responsibility of monitoring the Party in different districts and maintain discipline and ideological integrity within the organization.
  3. In the first meeting after the Conference, the President can nominate and appoint an Office Secretary from amongst the Central Council members on approval of the secretariat.

Article V (a) – Power and Function of the Office Bearers:

A) President-

a) To convene and preside over all meetings of the Party and Secretariat/ Central Executive Committee.

(b) To shoulder the responsibility of policy decision making process in the Party.

(c)  To carry forward all the functions of the Party as per the provision of the constitution

B) Working President

The Working President, whenever appointed, will have the same roles as the president of the Party.

C) Vice President-

In the absence of the President or the Working President, the Vice-President(s), authorized by the President, shall convene and preside over the meeting of the Secretariat/ Executive Committee.

 D) General Secretary-

a) The role of the General Secretary is to conduct the meeting of general body as well as Secretariat/Executive committee, and to keep minutes of all such proceedings.

(b) To carry on correspondence pertaining to the general administration of the Party.

E) Secretary-

 The Secretary shall assist the General Secretary during his/her normal course of duty and in absence of General Secretary, Secretary Exercise all power and function of the General Secretary.

F) Treasurer-

a) Treasures at different levels will maintain all the accounts of the Hamro Sikkim Party.

(b) They will prepare audit and accounts of the Party and present it in front of the organization.

(c) They will collect contributions from the members and utilize it for the purpose of the organization, with prior approval of the organization.

Article VI –Rules of Dispute Resolution and Disciplinary Measures:

 Any member acting against the aims, objects, rules, regulation of the Party or found misappropriating funds; or involved in moral turpitude shall be suspended or removed from membership or from post he/she holds in a committee following the procedure established in Article III C of this constitution.

Article VI (a)Termination of Membership:

 Membership may be terminated on the following grounds:

a) By death

b) The Central Executive Committee can terminate the membership of a person if s/he is found engaging in anti- Party activity, or is in violation of norms of the organization.

c) If a member is a defaulter in payment of annual fees/ subscription for three consecutive years.

d) Any member can resign from the Party membership by giving his/her resignation letter addressed to the president of the Party.

Article VI (b)- Dissolution of the Committee:

 Any elected committee acting against the above aims and objects of the organization, and found to be carrying on with the same, even after repeated pointers and warning given by higher bodies, will stand liable to be dissolved by the Central Executive Committee. The CEC shall reconstitute or set up an ad-hoc committee in its place.  The ad-hoc committee must consult the higher bodies under for their functioning till replaced by an elected committee.

 

Article VII- (Basic rules of conduct of business)

Quorum:

Quorum for any committee meeting shall be two- third of the total number of the members of that committee.

Power to fill up Casual vacancy/vacancies

The committees from local to Central Executive Committee   shall have the power to fill up any vacancy or vacancies created by death, resignation or removal of any member(s) — if required — for the cause of the organisation, in the respective committee by co-option with prior approval of the respective higher bodies. The number of co-opted members in a body must not exceed one fourth of the number of the members elected in the last conference, of the respective level in which the body was elected.

Report:

All Committees shall submit their tri-monthly report along with its statement of accounts to their respective higher committees. However, a committee of higher level may ask a special report pertaining to any specific issue/matter of occurrence from a committee of lower level within its jurisdiction, which shall have to be complied with.

Power to Scrutinize Accounts

Accredited representatives of the higher bodies shall have the power to scrutinize and check the accounts of the lower level committees from time to time. The District Committees shall submit their statements of account quarterly to the Central Executive Committee. The Central Executive Committee shall prepare its accounts every year and place it in the meeting of the Central Council.

 Requisition Meeting:

Upon urgency of any situation, not less than one-third members of all Committees are entitled to ask the President/ Secretary of the respective Committees in writing, duly signed, to call for a requisition meeting, mentioning the specific issues and grounds for which such a meeting is sought to be convened. In that case the President/Secretary by informing the President of the Party shall convene a requisitioned meeting of the said body within 15 days with at least a 7 day notice. An authorised member of the higher body must be present at this meeting. In case the meeting so requisitioned is not held within 15 days from the date of the requisition, the requisitioners shall have the right to hold the meeting in presence of an authorised member of their higher body, and take decisions to be submitted and approved by the higher body.

Principles of the Party:

Membership is open to those who are willing to be volunteers for social work and positive social change. The Party stands against projection of an individual for their aggrandizement, and believes in the idea of collective functioning, responsibility and leadership at all levels.  On all ideological questions, it will strive to develop uniformity of approach among the members of the Party following the method of unity-struggle-unity; i.e. the Party shall united on all matters, it shall struggle to resolve conflicts and debates within its members, and a arrive at a new unity after a consensus has been reached post-debate. The Party, within its structure, will follow the idea of democratic centralism. There will be three fold submission within the organisation, viz., a submission of individual members to the organisation, b) submission of lower body to higher body, and c) submission of the faction that gets lesser votes to the faction with higher votes in matters of conflict of stand on an issue. However, none of these will be mechanical submission. At all levels of organization — debate, discussion, conflict of ideas on the basis of mutual respect and unity-struggle-unity principle — will be encouraged. Hostile conflict of opinions, authoritarian behaviour, flattery or sycophancy, will have no place within this organisation. There shall be no place for any rival/splinter group in the organization.

Article VIII- Party Funds and Accounts:

The subscription and donation received from the members and citizens shall be deposited to the secretaries of committees from Ward to Central Level. The cash and account shall be preserved by the treasurer of the respective committees. However, disbursement shall be undertaken by the General Secretary in case of Central Executive Committee; and secretary in case of all other committees of lower levels, according to the decision of the organisation. In Central Executive Committee, the office secretary shall assist the General Secretary in this regard.

Bank Account:

         The bank account of the Hamro Sikkim Party shall be operated through a joint account of General Secretary & Treasurer. The Bank account shall be operated by the respective General Secretary, President and Treasure

Audit and Accounts

Party will submit its financial returns to the commission within 6 month the Party of the end of each financial year and the audit of the Party accounts will be conducted by an auditor empanelled with the CAG. The funds of the Party will be used for political purposes only and the Party will abide by the instruction issued by the commission from time to time in the maintenance of its accounts.

Treasure’s Functions:

There shall be one Treasurer who will be the member of the Central secretariat. The Treasurer shall:

  • maintain the accounts of the organization:
  • keep all the pass books and the cheque books
  • Withdraw fund for the activities of the Organization with prior written approval of the president.
  • submit the Accounts to the President for his scrutiny as and when the president so desires
  • Submit a duly audited comprehensive report of receipts and expenditures once in a year before the Central Executive Committee
  • All donations and contributions to the Fund of Organization shall be in the name of Hamro Sikkim Party.

Article IX –Amendment of the Constitution

Any member of the Organization may forward a proposal for amendment of any of the provisions of this Constitution to the Central Executive Committee of the Organization. Every such proposal shall have to be supported by not less than thirty members of the Party Committee.

A Review Committee shall be constituted by Central Executive Committee for the proposal so received. The constitution can be amended after submission and approval of review committee report by two-thirds majority of the general body, Central Conference of the Hamro Sikkim Party.

Article X –Merger, Split and Dissolution Procedure –

  • All committees of Hamro Sikkim Party shall decide on the merger of the Organization with another Party; or on the matter of split or dissolution, in the session of a central conference.
  • Fifteen Days ‘clear day notice’ shall be given for meeting to all members at all levels of the Party, by the Head Office Secretary, along with the agenda of the session.
  • The decision regarding merger / split/ Dissolution shall be taken by not less than two-thirds majority of the members present and voting.

Article XI: Mandatory Provision under Section 29 A of the Representation of Peoples Act-1951

Hamro Sikkim Party shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism and democracy and would uphold the sovereignty, unity and integrity of India.

 Article XII- Power to Remove Difficulties:

If any difficulty arises as to the interpretation of this Constitution, the President may, in consultation with the Central Executive Committee, remove such difficulties in writing, and that shall be final.

Article XIII- Specific declarations:

  1. The Party declares democracy, socialism and secularism as its basic tenets.
  2. The Party will not in any manner, promote, instigate or participate in violence. On the contrary, it shall strive towards a time-honoured culture of passive resistance and non-violence.
  3. The Party will hold its periodic organisational elections for all positions of office bearers, and other organs of the Party regularly.
  4. The Party will contest an election conducted by the Election Commission of India within five years of its registration, and shall continue to do so thereafter.
  5. All the Party activities and functioning shall be governed by democratic principles, and the decision of the majority shall prevail in all respect.

 (ADOPTED AND APPROVED DURING THE MEETING OF THE CENTRAL CONFERENCE OF HAMRO SIKKIM PARTY HELD ON 30 MARCH OF 2018 AT THE PARTY OFFICE OF HAMRO SIKKIM PARTY)